A Federal Capital Territory (FCT) High Court in Abuja has dismissed a bail application filed by former Attorney-General of the Federation and Minister of Justice, Abubakar Malami, seeking his release from the custody of the Economic and Financial Crimes Commission (EFCC).
Delivering his ruling on Thursday, Justice Babangida Hassan held that the court could not grant the application because a court of coordinate jurisdiction had already issued a valid remand order authorising the EFCC to detain Malami for further investigation.
Malami, a key figure in the opposition coalition and a governorship aspirant in Kebbi State, has been in EFCC custody since Monday over allegations bordering on the misappropriation of public funds.
Through his counsel, Sulaiman Hassan (SAN), the former AGF challenged the legality of his detention, arguing that the EFCC had no lawful basis to continue holding him during its ongoing investigation.
However, EFCC lead counsel, Jibrin Okutepa (SAN), opposed the application, informing the court that the commission was acting pursuant to a remand order granted by another FCT High Court presided over by Justice S. C. Oriji. He maintained that the EFCC is a law-abiding agency that does not detain suspects beyond the lawful period without judicial authorisation.
In his ruling, Justice Hassan cited Section 35 of the 1999 Constitution (as amended) and relevant provisions of the Administration of Criminal Justice Act (ACJA), affirming that the law permits detention under a valid court-issued remand order.
He concluded that his court lacked the jurisdiction to overturn the decision of a judge of equal standing, stating:
Asking this court to grant this application is tantamount to inviting the court to sit as an appellate court over a decision of a court of coordinate jurisdiction, which this court has no power to do.”
